Terms of Service & Tech Support
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. This version of the Terms
of Service (“Terms”) is effective as of June 1, 2014. The Terms, together with the
use of our Web site at www.agrtechnologies.com ("Website"), constitute the entire
agreement between you and AGR Technologies (together with its Affiliates, Partners,
and/or Subsidiaries), and govern your use of the services, superseding any prior
or contemporaneous agreements between you and AGR Technologies. The failure of AGR
Technologies to exercise or enforce any right or provision of the terms shall not
constitute a waiver of such right or provision. By accessing, ordering or using
the services via telephone or online via the site, or via remote access of your
IT Infrastructure by any other network device or other means, you and other users
of the services (collectively, "Users") agree to these Terms. If you do not agree
to these Terms, you should not access or use the Services.
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED SUBSCRIPTIONS/SERVICES SUBMITTED
BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR SUBSCRIPTIONS/SERVICES AND THE PRIVACY
POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND AGR Technologies (THE “AGREEMENT”).
The Subscriptions/Services will form the part of the “Agreement” only if the same
has been acknowledged by AGR Technologies in writing or by an e-mail. You must agree
to the Terms and Conditions in order to be eligible to use the AGR Technologies
WEBSITE (defined below), or obtain Services (defined below).
Certain terms defined in these Terms and Conditions are also used in the Privacy
Policy and are incorporated by reference to these Terms and Conditions.
Software, Materials, Services and other related information are collectively referred
to as “Content.”
“YOU” OR “YOU”
“You” means you individually, any person, including any employer that you are acting
on behalf of.
Trademark “AGR Technologies” is used by AGR Technologies Inc. A‚ under an authorization
from AGR Technologies Inc. All references to AGR Technologies refer to AGR Technologies
“AGR TECHNOLOGIES SUPPORT STAFF/(S)”
“AGR Technologies Support Staff means” certified technicians and specialists used
by AGR Technologies to perform the Services under this Agreement.
“Plans” or “Subscription/(s)” are tenured Subscription plans offered by AGR Technologies
that are active for a specified period and will include any incident based plans
such as “Per Incident Plan” or the like.
“SERVICES” AND “AGR TECHNOLOGIES WEBSITE”
All references to “Services” refer to any AGR Technologies service delivered through
AGR Technologies Inc., under the plan that you enter into with AGR Technologies
through use of the AGR Technologies Website located at www.agrtechnologies.com (the
“AGR Technologies WEBSITE”) or by calling the AGR Technologies phone number mentioned
the AGR Technologies Website, and any use of the AGR Technologies WEBSITE. In the
form that you submit requesting Services (“ Subscriptions/Services ”).
“Materials” means any web casts, download areas, white papers, press releases, datasheets,
FAQs, product information, quick reference guides, or other works of any kind that
are made available to download from the AGR Technologies WEBSITE are the proprietary
and copyrighted work of AGR Technologies and/or its suppliers. The definition of
“Materials” does not include the design or layout of the www.agrtechnologies.com
web site or any other AGR Technologies owned, operated, licensed or controlled website.
Any agent appointed by you (i.e. company, employee, client, etc) who has purchased
our services on your behalf. You are nonetheless bound as a principal by all the
terms and conditions herein.
USE OF THE SERVICES
You are not permitted to use, download or copy any information, data, text, photographs,
graphics, video, or other materials provided with the services ("Content") unless:
you use the content solely for personal, informational and non-commercial purposes;
AGR Technology's trademarks and copyright symbol and statement set forth on each
page of the site appears on each downloaded or copied page; and no modifications
are made to any content whatsoever.
"All references to AGR Technology or the web site (www.agrtechnologies.com) and
AGR Technology refer to AGR Technology, Inc.
Subject to the Terms and Conditions, and other terms specific to each service plan,
AGR Technologies will address your query using commercially reasonable efforts in
providing appropriate solutions under the Services. In most cases, AGR Technologies
will attempt problem diagnosis and a solution through chat, email or other means
as it deems most appropriate under the circumstances including remote access. You
understand that if remote access is used on your computer there will be no residual
software from the remote session; however, there may be a text file placed on your
computer that will explain the work that was done on your computer. If such a text
file is placed on your computer, you have the option to either save the file for
future reference or to delete it from your computer. All undertakings under Plans
are subject to AGR Technologies limited warranty, which is set forth below. For
more information, please refer to online documentation or call us at +1 978-387-6653
(Phone) / +1 508-408-5072 (Fax) / Email: firstname.lastname@example.org. You agree to
pay all Services Fee and any other applicable fee/charges as set out in the relevant
Service Plan in accordance with the Payment Terms provided below.
FEE & PAYMENT
Services against any Subscriptions/Services will be available once you have made
payment for Services according to the requirements of the corresponding Subscriptions/Services
. All payments against the Subscriptions/Services will be collected by AGR Technologies
on behalf of AGR Technologies Inc. AGR Technologies has no obligation to render
Services under any Plan if the payments as required under any Subscriptions/Services
have not been made.
You understand that certain Plans may have fee including, but not limited to “Service
Fee” and/or “Activation Fee and/or Subscription Fee” payable either on an annual
basis (“Annual Payment Plan”) or on a monthly basis (“Recurring Payment Plan”).
Subject to the applicable Term Plan, all payments under the Annual Plan shall be
made upfront at time of commencement of the subscription cycle. For payments under
the Recurring Payment Plan, all payments fees shall be made in advance.
When you purchased the Service, you agreed to a specific price and plan, where such
plan maybe for a different duration (“Term Plan”). Plans can also have Subscription
Fees. All terms of Service Fee and/or any other fee payable under any mode of payment
for a Subscription shall be set forth in the applicable Subscriptions/Services.
You agree to maintain your Service and the bundled services for the applicable term.
Once, you subscribe the service and pay the price available then it is valid until
one of the following occurs: (1) the Term Plan expires; (2) you drop one of the
AGR Technologies services you were required to purchase; or (3) You terminate the
agreement/ Plan before the expiry of the relevant term.
CREDIT CARD BILLING
You may be asked to provide us with a credit card number from a card issuer that
we accept in order to activate your Service. You hereby authorize AGR Technologies
to charge and/or place a hold on your credit card with respect to any unpaid charges
for Services or any related service(s). You authorize the issuer of the credit card
to pay any amounts described herein without requiring a signed receipt, and you
agree that these charges are to be accepted as authorization to the issuer of the
credit card to pay any amounts described herein without requiring a signed receipt,
and you agree that these charges are to be accepted as authorization to the issuer
of the credit card to pay all such amounts. You authorize AGR Technologies and/or
any other company who bills products or services, or acts as billing agent for AGR
Technologies to continue to attempt to charge and/or place holds with respect to
all sums described herein, or any portion thereof, to your credit card until such
amounts are paid in full. You agree to provide AGR Technologies with updated credit
card information upon AGR Technologies request and any time the information you
previously provided is no longer valid. You acknowledge and agree that neither AGR
Technologies nor any AGR Technologies affiliated company will have any liability
whatsoever for any non-sufficient funds or other charges incurred by you as a result
of such attempts to charge, and/or place holds on, your credit card. If you mistakenly
provide a debit card number, instead of a credit card number, you authorize all
charges described herein to be applied to such debit card unless and until you provide
a credit card number. In the event you are enrolled, or later enroll, in an automatic
payment or electronic funds transfer plan, you agree that all sums described herein
may be charged, at AGR Technologies option, to the account number provided for such
automatic payment or electronic funds transfer plan. When payment is made by credit
card or debit card, payment will also be subject to the terms and conditions established
by the credit or debit card issuer.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are solely for
your personal and non-commercial use in addressing matters covered by your requirement.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, modify, create derivative works from, transfer, distribute or sell any
information, software, products or services obtained from the Services, Materials,
or Software. Any Services, Materials, and Software are available only in connection
with Services under a valid Plan.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the AGR Technologies WEBSITE or any Services, you
will not use the Materials, Software or Services for any purpose that is unlawful
Software in any manner that could damage, disable, overburden, or impair any AGR
Technologies server, or the network(s) connected to any AGR Technologies server,
or interference with any other party’s use and enjoyment of any of the AGR Technologies
WEBSITE, the Materials, Software or Services. You may not attempt to gain unauthorized
access to any AGR Technologies WEBSITE, the Materials, Software or Services, other
accounts, computer systems or networks connected to any AGR Technologies server
or to any of the AGR Technologies WEBSITE, the Materials, Software or Services,
through hacking, password mining or any other means. You may not obtain or attempt
to obtain any AGR Technologies WEBSITE, the Materials, Software or Services or information
through any means other than that specifically permitted to you under a Subscriptions/Services.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though AGR Technologies has no limits on the amount of online support requests a
Plan user may make during the subscription period, however, each Subscriber’s use
of the support services for the Plans are subject to AGR Technologies “fair use”
policy. Under this policy, if at any time, in AGR Technologies sole discretion,
a Plan user is found to be abusing the service by exceeding the level of use reasonably
expected from someone using a Plan for individual use, then AGR Technologies reserves
the right to suspend or terminate Subscriber’s Subscription Services. In addition,
AGR Technologies reserves the right to suspend or terminate any Subscription Services
of any Subscriber that AGR Technologies, in its sole discretion, determines are
being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for
any computer system other than a Registered System. User may terminate the Service
at any time by giving written or electronic notice to AGR Technologies; provided,
however, that User will not be entitled to a refund of any fees prepaid by User
for the Service.
AGR Technologies may provide you with the use of e-mail services, addresses, bulletin
board services, instant messaging services, chat areas, news groups, forums, communities,
personal web pages, calendars, file cabinets and/or other message or communication
facilities designed to enable you to communicate with AGR Technologies employees
and others as appropriate to your Service under a Subscriptions/Services (each a
“Communication Service” and collectively “Communication Services”). Communications
Services shall only be used under an accepted Subscriptions/Services, and not for
any other purpose.
USE OF COMMUNICATION SERVICES
You agree to use the Communication Services only to post, send and receive messages
and material that are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using the
Communication Services, you will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes,
chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial
or otherwise). Defame abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others. Publish post, upload,
distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent
or unlawful topic, name, material or information. Upload, or otherwise make available,
files that contain images, photographs, service or other material protected by intellectual
property laws, including, by way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity) unless you own or control
the rights thereto or have received all necessary consent to do the same. Use any
material or information, including images or photographs, which are made available
through the Materials in any manner that infringes any copyright, trademark, patent,
trade secret, or other proprietary right of any party. Upload files that contain
viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any
other similar service or programs that may damage the operation of another’s computer
or property of another. Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Services specifically allows
such messages. Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner. Falsify or delete any proprietary
rights notices, such as author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of service or other material contained
in a file that is uploaded. Restrict or inhibit any other user from using and enjoying
the Communication Services. Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service. Harvest or otherwise
collect information about others, including e-mail addresses. Violate any applicable
laws or regulations. Create a false identity for the purpose of misleading AGR Technologies
or others. Use, download or otherwise copy, or provide (whether or not for a fee)
to a person or entity any directory of users of the Materials or other user or usage
information or any portion thereof.
AGR Technologies has no obligation to monitor the Communication Services. However,
AGR Technologies reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. AGR Technologies reserves
the right to terminate your access to any or all of the Communication Services at
any time, without notice, for any reason whatsoever.
AGR Technologies reserves the right at all times to disclose any information as
AGR Technologies deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in AGR Technologies’ s sole discretion.
Any materials uploaded to the Communication Services may be subject to posted limitations
on usage, reproduction and/or dissemination; you are responsible for adhering to
such limitations if you download the materials.
You may not create hyperlinks to any portion of the AGR Technologies WEBSITE, nor
any Materials or Software posted therein.
You agree to indemnify, defend, and hold AGR Technologies, its subsidiaries, affiliates,
officers, directors, employees, agents, licensors, consultants, suppliers, and any
third-party Web site providers harmless from and against all claims, demands, actions,
liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees,
or abuse of a Service, any use of the Service that amounts to infringement, or infringement
by any other user of your account of any intellectual property or other right of
AGR Technologies or any other third party. You will cooperate as fully as reasonably
required in AGR Technologies defense of any claim. AGR Technologies reserves the
right, at its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you and you shall not in any event settle
any matter without the written consent of AGR Technologies. You agree immediately
to notify AGR Technologies of any unauthorized use of your account or any other
breach of security known to you.
GUESTS; LIMITED LICENSE TO USE OF AGR TECHNOLOGIES WEBSITE
If you are not currently subscribed for a Service, then you are regarded as a “Guest”.
Usage of the AGR Technologies WEBSITE by current AGR Technologies customers outside
of the scope of a Service specified under an applicable Subscriptions/Services is
also treated as a “Guest”.
As a Guest you may use the AGR Technologies WEBSITE and Materials specifically designated
as available to guests on the AGR Technologies WEBSITE for the limited purposes
of (a) deciding whether to subscribe to the Services provided by AGR Technologies,
(b) registering with AGR Technologies and submitting Subscriptions/Services only.
The foregoing license grant is a non-exclusive revocable license.
LIMITED LICENSES TO USE THE AGR TECHNOLOGIES WEBSITE, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software posted on the
AGR Technologies WEBSITE, or made available in connection with a Subscriptions/Services
which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the AGR Technologies WEBSITE, Services, Materials or Software,
other than as explicitly permitted by AGR Technologies is prohibited. Rights to
execute, copy, modify, display, transmit, distribute, manufacture, use, sale are
all reserved to AGR Technologies and its suppliers. Reverse engineering and de-compilation
of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will:
Cooperate with the AGR Technologies Technician: We will use commercially reasonable
efforts to provide the support to you. Our experience shows that most issues can
be corrected as a result of close cooperation between you and the technician. Please
listen carefully to the technician and follow the technician’s instructions. You
must confirm that the following conditions are true: The situation giving rise to
the question is, reproducible on a single system, i.e., one central processing unit
with its workstations and other peripherals; You must have knowledge regarding the
hardware system, any software involved, and in the facts and circumstances surrounding
the incident; The full system, including software and hardware, is available to
you and accessible by you without limit during any telephone discussions with AGR
Technologies support personnel. Software/Data Backup: You understand and agree that
AGR Technologies shall under no circumstance be responsible for any lost or corrupted
software or data. AGR Technologies strongly recommends that you at all times maintain
a complete data backup and disaster recovery plan. Account, Password, and Security:
For you to submit a Subscriptions/Services, you must complete the Registration Process
by providing us with current, complete and accurate information as prompted by and
required under the applicable Registration Form. You also will choose a password
and a user name. You are solely and entirely responsible for maintaining the confidentiality
of your password and account. Furthermore, you are solely and entirely responsible
for any and all activities that occur under your account. You agree to notify AGR
Technologies immediately of any unauthorized use of your account or any other breach
of security. AGR Technologies will not be liable for any loss that you may incur
as a result of someone else using your password or account, either with or without
your knowledge. However, you could be held liable for losses incurred by AGR Technologies
or another party due to someone else using your account or password. You may not
use anyone else’s account at any time, without the permission of the account holder.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of AGR Technologies reasonable
control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes,
riots, wars, other military action, civil disorder, acts of terrorism, fires, floods,
vandalism, sabotage, acts of third parties, or the like) may cause significant delays
in AGR Technologies ability to schedule a support session. You hereby release AGR
Technologies from any and all liability, and agree that AGR Technologies shall not
be liable to you or any third party for any direct or indirect damages whatsoever,
resulting from such delays.
AGR Technologies or its suppliers may, at any time, without notice or liability,
restrict the use of the Service or limit its time of availability in order to perform
maintenance activities and to maintain session control.
EXCLUSIONS FROM “SERVICES”
“Services” shall not include the following:
any item or activity not covered by the terms of a Subscriptions/Services ; service
beyond the duration limitations identified in your Subscriptions/Services ; problem
diagnosis and support that may not be completed because of a problem with your computer
or other equipment, or their configuration that is beyond our control; Software,
including the operating system and software added to the registered hardware products
which are out of scope for the Plan; Problems that may and do result from: External
causes such as accident, abuse, misuse, or problems with electrical power; Usage
that is not in accordance with product instructions provided by manufacture; Failure
to follow the product instructions provided by manufacture or failure to perform
preventive maintenance; or Problems caused by using accessories, parts, or components
not compatible with the product. Non Compliance with the AGR Technologies technician
instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE AGR TECHNOLOGIES
WEBSITE, OR THROUGH A SERVICE
For your convenience, AGR Technologies may make available Materials or Software
(as each term is defined above) for use and/or download, whether as a part of a
Service, or in promotion of the Services. Use of any Materials and any Software
is governed by the more stringent of (a) the terms of the end user license agreement
(“EULA”), if any, which accompanies the specific Materials and Software, or (b)
if there is no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you
according to (a) the EULA, and (b) the Subscriptions/Services. Any reproduction
or redistribution of the service not in accordance with the EULA is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any AGR Technologies Web site may be copied
or retransmitted unless expressly permitted by AGR Technologies.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY
OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
END USER LICENSE AGREEMENTS (EULA) – GENERALLY
In connection with our Service, we may provide to you, the use of certain software
which is owned by AGR Technologies or its third party licensors, and suppliers.
We as well as the third party licensors reserve the right to update or change the
Software from time to time and you agree to cooperate in performing such steps as
may be necessary to install any updates or upgrades to the Software. You may use
the Software only as part of, or for use with, the Service in accordance with the
Plan and for no other purpose.
The Software may be accompanied by a EULA from AGR Technologies or a third party.
Your use of the Software is governed by the terms of that license agreement and
by this Agreement, where applicable. You may not install or use any Software that
is accompanied by or includes a EULA unless you first agree to the terms and conditions
of the EULA.
EULA FOR AGR TECHNOLOGIES SOFTWARE
With regard to any Software made available to you by AGR Technologies through the
AGR Technologies WEBSITE for which your acceptance of a separate license agreement
is not required (“AGR Technologies Software”), you are hereby granted a revocable,
non-exclusive, non-transferable license by AGR Technologies to use the AGR Technologies
Software (and any corrections, updates and upgrades). In accordance with and as
required under the Plan you shall not make any copies of the AGR Technologies Software.
You agree that the AGR Technologies Software is the confidential and proprietary
information of AGR Technologies or its third party licensors, providers or suppliers,
and which you shall not disclose to others or use except as expressly permitted
herein. You may not de-compile, reverse technician, disassemble, attempt to discover
any source code or underlying ideas or algorithms of the AGR Technologies Software,
or otherwise reduce the AGR Technologies Software to a human readable form, modify,
rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense
or distribute copies of the Software, or otherwise transfer the AGR Technologies
Software to any third party. You may not remove or alter any trademark, trade name,
copyright or other proprietary notices, legends, symbols, or labels appearing on
or in copies of the Software. You are not granted any title or rights of ownership
in the AGR Technologies Software. You acknowledge that this license is not a sale
of intellectual property and that AGR Technologies or its third party licensors,
providers or suppliers continue to own all right, title and interest, including
but not limited to all copyright, patent, trademark, trade secret, and moral rights,
to the AGR Technologies Software and related documentation, as well as any corrections,
updates and upgrades. The AGR Technologies Software may be used only in the country
of residence at the time of acceptance of these terms for use of the AGR Technologies
Software. Export of the AGR Technologies Software is strictly prohibited.
THIRD PARTY PRODUCTS
As part of the Services, AGR Technologies may suggest that you acquire, install
and use certain third party software or services (“Third Party Software”). Third
Party Software is licensed to you by the respective owners or licensees of the Third
Party Software. You must agree to the terms and conditions set forth by such owners
or licensees before installing Third Party Software, whether AGR Technologies assists
you in the acquisition, installation, and/or use of Third Party Software. AGR Technologies
has no responsibility or rights to the Third Party Software and does not license
Third Party Software to you or make any representation or warranty regarding the
Third Party Software.
Your license to the AGR Technologies Software shall remain in full force and effect
unless and until terminated by AGR Technologies, its third party licensors, providers
or suppliers, or until your Service Plan is terminated as provided by your Subscriptions/Services
and these Terms and Conditions. Upon termination of your Plan for any reason, you
must cease all use of the Plan and the AGR Technologies Software and immediately
delete the AGR Technologies Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software
or equipment, you must ensure that you comply with the terms and conditions under
which you licensed such Third Party Software or purchased such equipment. We make
no representation or warranty that we are an authorized service provider for Third
Party Software or for any equipment; it is your sole responsibility to determine
if you require additional rights for us to provide such support and if so, to acquire
such rights. You acknowledge that support of Third Party Software or equipment by
an unauthorized service provider may void any warranty made by the supplier of such
Third Party Software or equipment.
THIRD PARTY AGREEMENTS
As part of the Services, AGR Technologies may suggest certain third party services
to you. If you choose to subscribe to or otherwise use any third party services,
your use of any such services is subject to the terms of service of such third party
service provider. You agree to comply with such provider’s terms of service and
that the third party provider is solely responsible for delivery of its service(s)
to you and your use of them. Third party services include, but are not limited to
technical support, WEBSITE, training, music, gaming and storage services that AGR
Technologies may elect to make available from time to time. Violation of such third
party provider’s terms of service may, in AGR Technologies sole discretion, result
in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
AGR Technologies DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES,
THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED
WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW AGR Technologies TO REPERFORM
THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE AGR Technologies PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS
PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE
WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC PLAN WHICH IS IN
ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT
AGR Technologies AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE
FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND WHATSOEVER. AGR Technologies AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AGR Technologies AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE
DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL AGR Technologies AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE,
FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall AGR Technologies be liable
to you in excess of the amounts actually paid by you to AGR Technologies under the
Subscriptions/Services that is the subject of the dispute.
LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause
of action arose or it shall be forever waived and barred.
TERM AND TERMINATION
AGR Technologies at its sole election may terminate or suspend your Service immediately
without notice if, in the sole discretion of AGR Technologies: (a) you are in breach
of any of the Terms and Conditions (including but not limited to all policies regarding
abuse and acceptable use of the Service) or any license for Third Party Software;
(b) your use of the Service is prohibited by law or is disruptive to, adversely
impacts or causes a malfunction to the Service, AGR Technologies network, or the
use and enjoyment of AGR Technologies other users; (c) AGR Technologies receives
an order from a court to terminate the Service you are availing ; (d) if AGR Technologies
for any reason ceases to offer the Service; (e) if you are no longer a AGR Technologies
customer, or (f) AGR Technologies determines that you are abusing the Service. AGR
Technologies, in its sole discretion, may refuse to accept your request for the
Service, renewal or re-subscription following a termination or suspension of your
use of the Service.
If any provision of the Terms of Service be held invalid or unenforceable, that
portion shall be enforced to the maximum extent possible, and all other provisions
contained in the Terms of Service shall remain in full force and effect. AGR Technologies
failure to enforce any provision of the Terms of Service shall not be deemed a waiver
of such provision nor of the right to enforce such provision.
The AGR Technologies WEBSITE is available internationally and may contain references
to AGR Technologies products, services, and programs that are not available in a
viewer’s country. These references do not imply that AGR Technologies intends to
make such products, services, or programs available in such country.
AGR Technologies reserves the right to amend the Terms and Condition, and the AGR
Technologies WEBSITE at any time by (a) posting a revised version of the Terms and
Conditions on the AGR Technologies WEBSITE (https://agrtechnologies.com/Terms-and-condition.aspx),
or by (b) sending information regarding any amendment to the Terms of Service to
the email address you provide to AGR Technologies in connection with registration.
You are responsible for regularly reviewing the AGR Technologies website to be notified
of any amendments to the Terms and Conditions